Savings And Loan Kenya Limited v Onyancha Bw’omote [2016] KECA 716 (KLR)
- Court
- Court of Appeal
- Case number
- 716
- Citation
- [2016] KECA 716 (KLR)
The appellant's mistake of fact should not result in injury to the respondent. The appellant should not be treated as if its mistake has no consequences. The respondent shall pay the appellant the sum of Shs.678,628.40 plus interest on that sum at the rate of 26% per annum for the period only between 11th May 1999 and 31st May 1999.
Facts
The appellant, Savings and Loan (K) Ltd, sued the respondent, Onyancha Bw’omote, for recovery of Shs.1,079,485/70 together with compound interest. The appellant advanced two separate loans to the respondent secured by a charge over a property.
Issues
- The import and implication of the plaintiff's conduct under the circumstances
- Who should bear the legal consequences arising from the answer(s) to (a) above
Reasoning
The learned judge found that the appellant failed to prove how it came to advise the respondent of the balance of Ksh.301,495.85, and that the appellant's mistake should not result in injury to the respondent.
Outcome
The appeal is allowed, and the High Court judgment is set aside.
Orders
- The respondent shall pay the appellant the sum of Shs.678,628.40 plus interest on that sum at the rate of 26% per annum for the period only between 11th May 1999 and 31st May 1999.
- Interest at court rates on judgment sum (Shs.688,296/=) from the date hereof until full payment.
- Each party shall pay its own costs of this appeal but costs of the High Court shall be paid by the appellant to the respondent as per the order of the trial Judge.
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